Drugs & Medical Devices

Get ready for the next wave of pharmaceutical litigation with HarrisMartin's Drugs & Medical Devices. This reporter will keep you one step ahead of drug and medical device litigation with in-depth investigations, guest commentaries and objective courtroom coverage on today's and tomorrow's hottest drugs and supplements.



Issue #105, September 2010

Judge Rejects Negligence Claims in Generic Sulindac Case

A New Hampshire federal judge has dismissed a negligence claim in a suit claiming that generic Sulindac caused a woman to contract toxic epidermal necrolysis, ruling that she failed to prove that Mutual Pharmaceutical Company Inc.'s negligent conduct caused her injuries.

Learned Intermediary Doctrine Defeats Zyprexa Claims, Court Affirms

The learned intermediary doctrine defeats a plaintiff's claims that Eli Lilly failed to warn physicians of the diabetes risk posed by Zyprexa, the 2nd Circuit U.S. Court of Appeals has affirmed.

Court Allows Negligent Design Defect Claim Against Wyeth in Redux Case

A Pennsylvania appellate court has reversed a grant of summary judgment to Wyeth on a negligent design defect claim brought in a Redux injury action, ruling that it is separate and distinct from strict liability design defect claims, which are barred under Pennsylvania law.

OTC Suit Against Procter & Gamble Dismissed by Ohio Federal Judge

A class action complaint accusing Procter and Gamble of misrepresenting the effectiveness of its vitamin C-containing cold and flu products has been dismissed by an Ohio federal judge for failure to state a claim upon which relief can be granted.

Judge Excludes Testimony of Plaintiffs' Experts in Prempro/Premarin MDL

A Minneapolis federal judge has excluded the proposed testimony of two experts who planned to opine that Premarin can cause breast cancer in the general population.

Maine Law Applies to Punitive Damages Claims in Children's Motrin Case

Maine, rather than Pennsylvania, law will apply to punitive damages claims brought against the makers of Children's Motrin in a personal injury case because Maine has the greatest interest in having its law applied, a federal judge has ruled.

Mirapex Compulsive Gambling Claims are Time-Barred, Judge Says

Claims that Mirapex caused a man to lose millions of dollars to gambling are time-barred under Texas law because he knew as early as 2005 of a possible link between pathological gambling and the Parkinson's drug, a federal judge has ruled.

Effexor Failure-To-Warn Claims Are Not Preempted, Judge Rules

A federal judge denied Wyeth Pharmaceutical's motion for summary judgment in an Effexor failure-to-warn case, ruling that the drug maker failed to show that the Food and Drug Administration would not have approved a change in the drug's label.

Paxil Birth Defect Suit Remanded to State Court

A federal judge jas remanded a Paxil birth defect suit to state court, ruling that the prescribing physician, a Kentucky resident, was not fraudulently joined and therefore there is no basis for diversity jurisdiction.

Learned Intermediary Doctrine Does Not Bar Zyprexa Claims, Judge Rules

The learned intermediary doctrine does not bar Zyprexa injury claims because there is a question of fact as to whether the prescribing doctor was influenced by a pharmaceutical sales representative's assertions that there is no link between the anti-depressant and diabetes, a federal judge has ruled.

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